Tex. Est. Code § 256.101

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 256.101 - Procedure on Filing of Second Application When Original Application Has Not Been Heard
(a) If, after an application for the probate of a decedent's will or the appointment of a personal representative for the decedent's estate has been filed but before the application is heard, an application is filed for the probate of a will of the same decedent that has not previously been presented for probate, the court shall:
(1) hear both applications together; and
(2) determine:
(A) if both applications are for the probate of a will, which will should be admitted to probate, if either, or whether the decedent died intestate; or
(B) if only one application is for the probate of a will, whether the will should be admitted to probate or whether the decedent died intestate.
(b) The court may not sever or bifurcate the proceeding on the applications described in Subsection (a).

Tex. Estates § 256.101

Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1338, Sec. 2.31, eff. 1/1/2014.